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THE NALANDA UNIVERSITY ACT, 2010
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 22nd September, 2010/Bhadra 31, 1932 (Saka)
The following Act of Parliament received the assent of the President on the 21st September, 2010, and is hereby published for general information:—
THE NALANDA UNIVERSITY ACT, 2010
No. 39 OF 2010
[21st September, 2010.]
An Act to implement the decisions arrived at the Second East Asia Summit held on the 15th January, 2007, at Philippines and subsequently at the Fourth East Asia Summit held on the 25th October, 2009, at Thailand for the establishment of the Nalanda University in the State of Bihar as an international institution for pursuit of intellectual, philosophical, historical and spiritual studies and for matters connected therewith or incidental thereto.
WHEREAS, the Second East Asia Summit held on the 15th January, 2007 in the city of Cebu, Republic of Philippines, agreed to strengthen regional educational co-operation by tapping the East Asia Region’s centres of excellence in education and for the revival of the Nalanda University located in the State of Bihar to improve regional understanding and the appreciation of one =other’s heritage and history;
AND WHEREAS, the Fourth East Asia Summit held on the 25th October, 2009 in Hua Hin, Thailand, supported the establishment of the Nalanda University and encouraged the networking and collaboration between the proposed Nalanda University and existing centres of excellence in the East Asia Summit so as to participating countries to build a community of learning where students, scholars, researchers and academicians can work together symbolising the spirituality that unites all mankind;
AND WHEREAS, it is considered expedient to make provision for implementing the decisions arrived at in the aforesaid East Asia Summits for establishment of the Nalanda University in the State of Bihar and declare it to be an institution of national importance.
BE it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:—
Short title and commencement
1. (1) This Act may be called the Nalanda University Act, 2010.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
Declaration of Nalanda University as an institution of national importance
2. Whereas the objects of the institution known as the Nalanda University are such as to make the institution one of national importance, it is hereby declared that the institution known as the Nalanda University is an institution of national importance.
Definitions
3. In this Act, unless the context otherwise requires,—
(a) ‘Academic Council’ means the Academic Council of the University;
(b) ‘academic staff’ means such categories of staff as are designated as academic staff by the Statutes;
(c) ‘Centre’ means a centre established or maintained by the University in any place in India or in East Asia region for the purposes of coordinating and supervising the work of centres in such place or region and for performing such functions as may be conferred on such centre by the Governing Board;
(d) ‘East Asia region’ means the region comprising the territories of the Member States of the East Asia Summit;
(e) ‘employee’ means any person appointed by the University and includes teachers and other staff of the University;
(f) ‘Faculty’ means a Faculty of the University;
(g) ‘Finance Officer’ means the Finance Officer of the University appointed under section 17;
(h) ‘Governing Board’ means the Governing Board of the University constituted under section 7;
(i) ‘Hall’ means a unit of residence, by whatever name called, for students of the University provided, maintained or recognised by it;
(j) ‘Member States’ means the Member States of the East Asia Summit;
(k) ‘Nalanda Mentor Group’ means the group of persons constituted by the communication dated the 28th June, 2007 of the Government of India in the Ministry of External Affairs, inter olio, to examine the framework and structure of International co-operation and partnership which would govern the establishment of the University;
(l) ‘Ordinances’ means the Ordinances of the University;
(m) ‘prescribed’ means prescribed by Statutes, Ordinances or by Regulations;
(n) ‘recognised institution’ means an institution of higher learning maintained or recognised by, or associated with, the University;
(o) ‘Registrar’ means the Registrar of the University appointed under section 16;
(p) ‘Regulations’ means the Regulations of the University;
(q) ‘School’ means a school of studies of the University;
(r) ‘Statutes’ means the Statutes of the University;
(s) ‘teacher’ means professor, associate professor, assistant professor and research staff of the University appointed or recognised by the University for imparting instructions or conducting research in the University or for giving guidance to students for pursuing any course of study of the University and are designated as teachers by the Statutes;
(t) ‘University’ means the Nalanda University established and incorporated under section 4.
Establishment and incorporation of Nalanda University
4. (1) The University of Nalanda in the State of Bihar, established under the University of Nalanda Act, 2007, shall be established as a body corporate under this Act by the name of “Nalanda University”.
(2) The first Visitor, the first Chancellor, the first Vice-Chancellor, the first members of the Governing Board and the Academic Council, and all persons who may hereafter become such officers or members, so long as they continue to hold such office or membership, shall constitute the University.
(3) The University shall have perpetual succession and a common seal and shall sue and be sued by the said name.
(4) The Headquarters of the University shall be in the district of Nalanda in the State of Bihar.
(5) The University may establish or maintain centres at such other places in India as it may deem fit:
Provided that the University may, with the approval of the Governing Board, establish study centres outside India.
Effect of establishment of University
5. On and from the date of commencement of this Act,—
(a) any reference to the University of Nalanda in any contract or other instrument shall be deemed as a reference to the University;
(b) all property, movable and immovable, of or belonging to the University of Nalanda shall vest in the University;
(c) all rights and liabilities of the University of Nalanda shall be transferred to, and be the rights and liabilities of, the University;
(d) every person employed by the University of Nalanda immediately before the commencement of this Act shall hold his office or service in the University by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this Act had not been enacted, and shall continue to do so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the Statutes:
Provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the University in accordance with the tern of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the University of compensation equivalent to three months’ remuneration in case of permanent employees and one month’s remuneration in the case of other employees:
Provided further that every person employed before the commencement of this Act, pending the execution of a contract under section 33, shall be deemed to have been appointed in accordance with the provisions of a contract consistent with the provisions of this Act and the Statutes:
Provided also that any reference, by whatever form of words, to the Visitor, Chancellor or Vice-Chancellor of the University of Nalanda in any law for the time being in force, or in any instrument or other document, shall be construed as a reference respectively to the Visitor, Chancellor or Vice-Chancellor of the University;
(e) the Visitor of the University of Nalanda, appointed under the provisions of the University of Nalanda Act, 2007 shall be deemed to have been appointed to be the nominee of the Visitor and such nominee be also the first Visitor under this Act for a period of five years from the date of commencement of this Act;
(f) the Chancellor of the University of Nalanda, appointed under the provisions of the University of Nalanda Act, 2007 shall be deemed to have been appointed as the Chancellor under section 14 of this Act, and shall hold office for a period of three years from the date of commencement of this Act;
(g) the Vice-Chancellor of the University of Nalanda, appointed under the provisions of the University of Nalanda Act, 2007 shall be deemed to have been appointed as the first Vice-Chancellor under this Act, and shall hold office for a period of five years from the date of commencement of this Act; and
(h) all Colleges, institutions, Faculties and Departments affiliated to, or admitted to the privileges of, or maintained by, the University of Nalanda shall stand affiliated to, or admitted to the privilege of, or maintained by, the University.
Jurisdiction
6. The jurisdiction of the University shall extend to whole of India and to centres established within or outside India.
Governing Board
7. (1) There shall be a Governing Board of the University consisting of the following persons as its members, namely:—
(a) the Chancellor;
(b) the Vice-Chancellor;
(c) five members from amongst the Member States which provide maximum financial assistance during a period of three years to be nominated by the Member States;
(d) one member, not below the rank of Secretary in the Ministry of External Affairs, to be nominated by the Central Government;
(e) two members, representing the State Government of Bihar, to be nominated by the State Government;
(f) one member not below the rank of Additional Secretary in the Ministry of Human Resource Development, to be nominated by the Central Government;
(g) three members from amongst the persons being renowned academician or educationist, to be nominated by the Central Government.
(2) Each member of the Governing Board referred to in clauses (c) to (g) of sub-section (1), shall hold office for a fixed term of three years.
(3) The Chancellor shall be the Chairperson of the Governing Board.
(4) The member, being the Secretary in the Ministry of External Affairs, nominated under clause (d) of sub-section (1), shall be the Member-Secretary of the Governing Board.
(5) Subject to the provisions of this Act,’ the Statutes and the Ordinances made thereunder, the Governing Board may regulate its own procedure (including quorum) for the conduct of its meetings.
Powers and functions of Governing Board
8. (1) The Governing Board shall be responsible for all the policies and directions of the University and management of its affairs.
(2) The Governing Board shall exercise such powers as may be prescribed by the Statutes:
Provided that the Nalanda Mentor Group shall exercise the powers and discharge the functions of the Governing Board for a period of one year or till such time the members referred to in clauses (c) to (g) of sub-section (1) of section 7 are nominated, whichever is earlier.
Objectives of University
9. (1) The objectives of the University shall be—
(a) to impart education and to enable research towards capacity building of the Member States in the domain of ancient science (in particular, practised in the Nalanda several centuries ago), philosophy, language, history and other areas of higher learning vital for improving the quality of life;
(b) to contribute to the promotion of regional peace and vision by bringing together the future leaders of the But Asia, who by relating to their past history can enhance their understanding of each others’ perspectives and to share that understanding globally;
(c) to harmonise the academic standards and accreditation norms in teaching, research and curriculum that are acceptable to all Member States;
(d) to create a unique partnership between the scholars and interested persons from the Member States;
(e) to understand Buddha’s teachings in the contemporary context without excluding any other thoughts and practices from any other parts of the world;
(f) to enhance research for greater interaction between Asian countries, particularly between East Asia, bound by strong historical commonalities in areas like trade, science, mathematics, astronomy, religion, philosophy and cross-cultural current;
(g) to foster in the students and scholars the spirit of accommodation, understanding and thus to train them to become exemplary citizens of democratic societies;
(h) to contribute to the improvement of the educational system of the Member States in view of the teaching in Nalanda several centuries ago;
(i) to provide education and training in various arts, crafts and skills of the Member States, raising their quality and improving their availability to the people.
(2) The University shall be non-profit public-private partnership, which shall seek support from each of the Member States and from other sources but shall be autonomous and accountable to the Governing Board.
Powers of University
10. The University shall have the following powers, namely:—
(i) to make provision for providing, upgrading and promoting holistic and inclusive education and training and research in such education as set out in the objects, and to create an enabling and conducive environment for the pursuit of such education in close co-operation with other experts, scholars and interested persons in India, Asian countries and other countries;
(ii) to set up a consortium of international partners and friendly countries in furtherance of the objects of the University;
(iii) to generate and maintain resources through consultancy services, continuing education programmes, national and international collaborations and intellectual property rights;
(iv) to provide for instruction in such branches of learning as the University may, from time to time, determine and to make provisions for research and for the advancement and dissemination of knowledge;
(v) to establish such special centres and specialised laboratories and such other units for research and instruction as are necessary for the furtherance of its objects;
(vi) to plan and prescribe courses of study for degrees, diplomas, certificates or for any other purpose;
(vii) to hold examinations and grant diplomas or certificates to, and confer degrees and other academic distinctions on, persons who have pursued a course of study or conducted research, in the manner laid down by the Statutes and Ordinances;
(viii) to confer honorary degrees or other academic distinctions in the manner prescribed by the Statutes;
(ix) to institute Professorships, Readerships and Lecturerships and other teaching and academic positions, required by the University and to appoint persons to such Chairs, Professorships, Readerships and Lecturerships and other teaching and academic positions;
(x) to appoint visiting professors, Emeritus professors, consultants, scholars and such other persons who may contribute to the advancement of the objects of the University;
(xi) to recognise persons as professors, associate professors, or assistant professors or otherwise as teachers of the University;
(xii) to create administrative and other posts as the University may deem necessary from time to time and to make appointments thereto;
(xiii) to lay down conditions of service of all categories of employees, including their code of conduct;
(xiv) to establish and maintain centres in India or outside India, as may be determined from time to time;
(xv) to admit to its privileges institutions situated within its jurisdiction as the University institutions and to withdraw all or any of those privileges in accordance with such conditions as may be prescribed by the Statutes;
(xvi) to co-operate or collaborate or associate with any other University or authority or institution of higher learning or any other public or private body, having in view the promotion of purposes and objects similar to those of the University, in such manner as may be prescribed and for such purposes as may be determined or agreed upon by the University;
(xvii) to determine standards of admissions, including examination, evaluation or any other method of testing, to the University, and the institutions maintained by or admitted to the privileges of the University;
(xviii) to demand and receive payment of fees and other charges as may be prescribed;
(xix) to establish Halls and to recognise, guide, supervise and control Halls not maintained by the University and other accommodation for students, and to withdraw any such recognition;
(xx) to make arrangements for promoting health and general welfare of students and employees of the University;
(xxi) to regulate and enforce discipline among the students and the employees, and to take such disciplinary measures in this regard as may be deemed by the University to be necessary;
(xxii) to institute and award Fellowships, Scholarships and Prizes;
(xxiii) to receive benefactions, donations and gifts in accordance with the Ordinances and to acquire, hold, manage and dispose of any property, movable or immovable, including trust and endowment properties, for the purposes or objects of the University and to invest funds in such manner as it deems fit;
(xxiv) to borrow, with the approval of the Governing Board;
(xxv) to recognise for any purpose, either in whole or in part, any institution or members or students thereof on such terms and conditions as may, from time to time, be prescribed and to withdraw such recognition;
(xxvi) to make provision for research and advisory services and for that purpose to enter into such arrangements with other institutions or bodies as it may deem necessary;
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